Criminal Case Dismissed: Court Quashes Proceedings Against Petitioner for Non-Issuance of Cheque u/s 138.

The court quashed the criminal proceedings against the petitioner under Section 138 of the Negotiable Instruments Act, as she did not issue the cheque in question. The proceedings were initiated against both the petitioner and her husband, but the court determined that the offence under Section 138 can only be pursued against the individual who issued the cheque. Consequently, the case against the petitioner was deemed unsustainable and was dismissed.

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Issues involved: Jurisdiction of criminal proceedings u/s 138 of Negotiable Instruments Act against petitioner and her husband.

Summary:

Jurisdiction Issue:
The respondent/complainant initiated criminal proceedings u/s 138 of the Negotiable Instruments Act against the petitioner and her husband for issuing a postdated cheque. However, the complaint was lodged against both accused, even though the cheque was issued only by accused No. 1. The court noted that the offence u/s 138 of the Act can only be initiated against the person who has issued the cheque. As the petitioner had not issued the cheque, the proceedings against her were deemed unsustainable. The court quashed the proceedings against the petitioner, as the only allegation was related to the offence u/s 138 of the Act, which was not applicable to her.

This summary provides a detailed breakdown of the judgment, highlighting the key legal issues and the court's decision regarding the jurisdiction of criminal proceedings u/s 138 of the Negotiable Instruments Act against the petitioner and her husband.

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